Tuesday, April 30, 2002

Lawsuit Filed Against Producer Who Captured Women Baring Their Bodies in Public

April 30, 2002

Lawsuit Filed Against Producer Who Captured Women Baring Their Bodies in Public

A Florida State University student is suing a producer who videotaped her as she exposed her breasts in public on Bourbon Street in New Orleans during Mardi Gras. The footage was included in the production “Girls Gone Wild,” with the woman’s image also put on videocassette covers. The motion picture features women exposing their bodies at Mardi Gras, Spring Break and other events. The plaintiff claimed the producer invaded her privacy and used her image without her consent. The defendant replies that the breast-baring video is a "newsworthy event," and protected under the First Amendment.The student will have a difficult time winning on an invasion of privacy claim. Courts have held that people do not have a reasonable expectation of privacy in public places. In Gill v. Hearst Publishing, 40 Cal. 2d 224 (1953), the "Ladies Home Journal" published an unauthorized photograph of Mr. and Mrs. Gill in an affectionate pose at a confectionery and ice cream concession at the Farmer's Market in Los Angeles. The Gills were fully clothed and in open public view when a passing photographer snapped their picture without their consent. The photo was used in the magazine as an illustration of a type of "love at first sight," based solely on sexual attraction. Nothing in the article mentioned the Gills or their relationship B they were merely subjects in a stock photo bought to illustrate the story. The court found against the Gills, reasoning that if everyone had the right to stop publication of photos taken without their permission, no photo could ever be published of a street scene or a parade.

The more difficult issue to resolve is whether the “Girls Gone Wild” footage infringes the woman’s Right of Publicity. The Right of Publicity is the right everyone has to control the use of their name, likeness and image on commercial products. A manufacturer cannot put a person’s image on its brand of tomato sauce without that person’s permission. The Right of Publicity is typically exploited in the realm of commercials and endorsements. Some sports stars earn more from licensing their image than they make in salary.

However, when a person’s image is used on a product such as “Newsweek” magazine, the publisher’s rights to free expression under the First Amendment may conflict with the subject’s right to control the use of their name and likeness. In most of these cases, the First Amendment right of free expression has been considered the paramount right. California recognized this principle when enacting Civil Code section 3344 which prevents the use of people’s name and likeness on products and goods but exempts such uses in news, public affairs and sports broadcasts.

LANSDOWN Opens in New Jersey

Congratulations to our client, Tom Zuber, whose film Lansdown opened in New Jersey this past weekend and was the highest grossing film at Hillsborough Cinemas, out grossing movies such as Panic Room and The Scorpion King.LANSDOWN has been lauded as "a wonderfully eccentric piece of independent film making.”

Critical acclaim for LANSDOWN:"a well-paced, wryly offbeat noir" - The Boston Herald"a winner" - Entertainment Today"the first-time director cleverly blends an exciting mix of stylish dark humor, tense drama and a distinctive technique to tell his moody tale about infidelity" - The American Reporter"Tom Zuber takes us on a sharp little walk on the dark side... D.W. Warren shows true comedic talent and timing." - Guerrilla Filmmaker"[Lansdown] scores as a nifty normal-folk-doing-stupid-deadly-things comedy a la 'Fargo'... with Zuber and his cast of unknowns all earmarked as talents to watch." - Daily VarietyThe Hillsborough Cinemas are located at 111 Raider Blvd., Belle Mead, NJ.LANSDOWN will also be opening in New York City and Los Angeles later on this year. LANSDOWN is being distributed by Outrider Pictures. For more information on LANSDOWN visit www.lansdown.net.Starting Friday May 3rd Lansdown will also be playing at the Clearview Clairidge Cinemas at 486 Bloomfield Ave., Montclair, N.J.

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About Me

A veteran entertainment lawyer, arbitrator, expert witness and author, Mark Litwak has provided legal services or acted as a producer rep on more than 100 feature films. He is the author of 6 books including: Reel Power, Dealmaking in the Film and Television Industry (winner of the 1995 Kraszna-Krausz Book Award), Contracts for the Film and Television Industry, and Risky Business: Financing and Distributing Independent Film. He is also the author of the popular CD-ROM Movie Magic Contracts.
As a law professor, he currently teaches at the U.S.C. School of Law, and has previously taught at the Univ. of Puget Sound and Loyola Law Schools. He has been on the faculty at UCLA for 24 years. He has lectured for the American, California and Texas bar associations. A frequent speaker, he has lectured at many universities including Harvard, the American Film Institute, Columbia University and NYU. He has also presented movie industry seminars in England, Australia, South Africa and Canada.
Mark Litwak is AV®
Peer Review Rated by Martindale-Hubble and has been named a Superlawyer multiple times by the publishers of Law and Politics Magazine.